Terms and Conditions

Welcome to the Latigo.co website (the “Website”). Bella Aptus, LLC, dba Latigo and any of its affiliates (collectively the “Company”, “We”, “Us”, “Our”) provides the services available on the Website to you subject to the following terms and conditions (the “Terms and Conditions”). These Terms and Conditions constitute a binding agreement between you and Company. By accessing or using this Website you acknowledge that you have read, understand and agree, without limitation, to be bound by these Terms and Conditions. Your use of the Website is governed by the version of the Terms and Conditions in effect on the date the Website is accessed by you. Company may modify the Terms and Conditions at any time and without prior notice. You should review the most current version of the Terms and Conditions by visiting the Website and clicking on the Terms and Conditions hyperlink located at the bottom of the page. These Terms and Conditions are in addition to any other agreements between you and Company, including any customer or account agreements, and any other agreements that govern your use of information, content, tools, products and services available on and through the Website. If you do not agree to these Terms and Conditions, you may not access or use the Website. These Terms and Conditions are written in English, and any translation into another language that conflicts with this English version is superseded by the English version in meaning and content.

USE: The Website is intended only for your personal, non-commercial use, unless you and Company have otherwise agreed in writing. Prohibited commercial use does not include uploading and designing original content to promote your business or organization, or sharing such content with third parties.

The Website is not intended for children under 18 years of age. You affirm that you are either 18 years of age or older, an emancipated minor, or your parent or legal guardian consents to your underage use of the Website. You, or your guardian or parent as expressed above, are fully able and competent to enter into and comply with all terms, conditions, obligations, warranties and representations set forth in these Terms and Conditions, and not a person barred from use of the Website under the laws of the United States.

If you are using the Website for an organization or business, you agree to these Terms and Conditions on behalf of that organization or business and have full authority to bind them to these Terms and Conditions on their behalf.

You will not use another person’s account without their permission.

You affirm that the information you provide for your account and billing purposes will be accurate, true, current and complete to the best of your knowledge. Company reserves the right to freeze, suspend or terminate your account if you provide information or Company has reasonable grounds to suspect that you provided information that is not true, not current, inaccurate or incomplete or for non-payment.

You must notify the Company immediately of any breach of security or unauthorized use of your account.

INTELLECTUAL PROPERTY: All content available on the Website including, but not limited to, text, graphics, logos, button icons, images, audio clips, video, data compilations, and software, and the compilation thereof (the “Content”) is the property of the Company. Such Content is protected by applicable copyright and trademark laws. Accordingly, you may not use, copy, reproduce, duplicate, sell, re-sell, distribute, modify, post or frame-in or otherwise exploit, in whole or in part, any Content of the Website for any purpose without Company’s prior written consent.

All trademarks and service marks on the Website belong to Company, except third-party trademark and service marks, which are the property of their respective owners. Except as set forth in the Limited License below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified or otherwise exploited in full or in part, for any purpose without Company’s prior written consent.

Unless you and Company have agreed otherwise, links from another website to our Website must resolve to the top-level homepage of a Company domain. In order to avoid confusion if you do link from another website to a Company top-level homepage, your website and the link itself, may not suggest that the Company endorses, sponsors or is affiliated with any non-Company website, entity, service or product, and may not make use of any Company trademarks or service marks other than those contained within the text of the link.

LICENSE: Company grants you a limited, revocable, and non-exclusive license to access and make personal use of the Website. Please note that you may not frame or utilize framing techniques to enclose the Website or any portion thereof without Company’s prior written consent.

The limited license as set forth in this section does not include the right to: (1) modify or download the Website or its contents (except caching or as necessary to view content); (2) make any use of the Website or its Content other than personal use; (3) create any derivative work based on either the Website or its Content; (4) collect account information for the benefit of another party; (5) use of any meta tags or any other “hidden text” utilizing the Company’s name or trademark without the Company’s prior written consent; or (6) use software robots, spiders, crawlers or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on Company’s infrastructure.

Any unauthorized use by you of the Website terminates this limited license without prejudice to any other remedy provided by applicable law. Company retains all right, title and interest to the Website.

COPYRIGHT POLICY: Our Company follows the Digital Millennium Copyright Act (DMCA). If you believe your copyrighted material is being infringed upon, please contact us immediately with the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of and exclusive right that is allegedly infringed.
(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, including a URL of the link shown on the website or the exact location where the material may be located on the website.
(4) Your name and/or company affiliation, mailing address, telephone number, and e-mail address where you may be contacted.
(5) A written statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(6) A written statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The contact information for our Copyright Agent for notice of claims is:
Attn: Copyright Agent
Bella Aptus, LLC
719 Sawdust Rd., Suite 204,
The Woodlands, TX 77380
Email: Support@latigo.co

You agree to indemnify, defend and hold harmless Company for any claims arising from copyright infringement of your material.

Company may terminate a user’s access to the Website for any reason, including but not limited to repeat copyright infringement, at any time without prior notice.

SUBMISSIONS: The Company welcomes submissions by users; however, it is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide the Company (collectively hereinafter “Submissions”) will be treated as nonproprietary and non-confidential. Subject to the terms of the Privacy Policy, by transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, worldwide and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any Submission, in any form, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know-how contained therein, for the purpose including, without limitation, developing, manufacturing, distributing and marketing products.

If you make a submission, you represent and warrant that you own or otherwise control the rights to your submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead Company as to the origin of any submission. You agree to indemnify, defend and hold us harmless for all claims arising from your claims to any rights in any Submission.

LINKING: You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of the Website for personal, noncommercial use only. A website that links to Company’s Website (1) may link to, but not replicate, our Content; (2) may not imply that we are endorsing such website or its services or products; (3) may not misrepresent its relationship with us; (4) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages; (5) may not portray Company or its products or services, in a false, misleading or derogatory, or otherwise offensive or objectionable manner, or associate Company with undesirable products, services, or opinions; (6) may not use any trademark without express written permission; (7) may not link to any page of the Website other than the home page. Company may, in its sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.

Company is not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by Company. Your linking to or from any off-Website pages or other websites is at your own risk. Company is in no way responsible for examining or evaluating, and Company does not warrant that the offerings of, off-Website pages or any other websites linked to or from the Website, nor does Company assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions of all off-Website pages and other websites that you visit.

TIMELINESS OF CONTENT: All content on this Website is presented only as of the date published or indicated, and may be superseded by market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

PROHIBITED USES: Because all servers have limited capacity and are used by many people, you are prohibited from using this Website in any manner that could damage or overburden any Company server, or any network connected to any Company server. You shall not use Website in any manner that would interfere with another party’s use of the Website. This includes but is not limited to the following: you agree that you will not use this Website to upload, create, share, email or transmit any content that (1) violates any applicable local, state, national or international law, including import and export laws; (2) is discriminatory, harmful, threatening, vulgar, obscene, excessively violent, lewd, lascivious, filthy, hateful or defamatory; (3) is pornographic, sexually explicit, or contains nudity of any kind; (4) solicits sexual favors, prostitution, or human trafficking; (5) is for the purpose of the sale of drugs, tobacco or alcohol; (6) is bullying or harassing; (7) threatens or incites violence, theft or vandalism; (8) solicits unlawful multi-level marketing or pyramid schemes; (9) impersonates or misrepresents your affiliation with any person or entity; (10) provides support or resources to any organization designated by the United States government as a foreign terrorist organization; (11) is a virus, worm, Trojan horse, spyware, or any other computer code, file or program that is harmful or invasive or that may or is intended to damage, monitor or hijack the operation of the Website or any user of the Website or third party user. Alleged violations of the above can be reported to: Abuse@latigo.co. Reported violations will be investigated internally. The Company reserves the right to remove any content without notice for any reason with no liability to user and report any behavior the Company deems to be criminal in nature to the appropriate authorities.

PASSWORD SECURITY AND NOTIFICATION: When you sign up to use the Website, you will be required to provide a username, password, email address and other personal information. Your password will provide access to non-public areas of the Website, and you are solely responsible for maintaining the confidentiality and use of the password and other security data, methods and devices. Further, you are responsible for all activities that occur in connection with your password including all instructions electronically transmitted or use of any data, information or services obtained using your password and other security data. Company shall not be under any duty to inquire as to the authority or propriety of any instructions given to Company by you or via your password and shall be entitled to act upon any such instructions and Company will not be liable for any loss, cost, expense or other liability arising out of any such instructions. Accordingly, you should take steps to protect the confidentiality of your password. As an authorized user you accept full responsibility for the monitoring of your account including frequently checking your account information, reviewing your transaction history online and promptly reviewing any correspondence, account statements, and confirmation received from Company. Notify Company immediately if you become aware of any unauthorized activity, disclosure, loss, theft or unauthorized use of your password. You agree to cooperate with Company in any investigation and agree to take corrective measures to protect your account from further fraudulent activity.

CONTENT: You are solely responsible for and own the content including any data, photographs, graphics, text, video, files, maps, links and messages that you upload, design or create on the Website and must have the end user licensing agreements if applicable. You are responsible for the use of any copyrighted or protected content.

You agree that you are granting the Company the right to host your content, and share it with users within the Website and third party sites. How this content is viewed and shared is controlled by you in your privacy settings. Each created content piece allows you to choose whether you want to keep it private, select-share or make it public. Once you make your content, including maps that may disclose a location, public through select-share or the public share settings, you understand that you are allowing others to view, search, use or share the information, and associate the information with you. By sharing your content with others through the Website, email, or third party websites, you understand that others may further search, share, copy or use your content. THE COMPANY IS NOT LIABLE FOR YOUR USE OF OR OTHERS’ USE OR SHARING OF YOUR CONTENT.

If you create content that offers products or services for sale or trade, or promotes contests, give-aways, lotteries, sweepstakes, promotions, raffles, donations, fundraisers, campaigns, or anything else that would include a transfer of funds, you understand that you are responsible for (1) following all applicable laws related to such offer, (2) all funds collected, how they are collected, and any applicable government fees or taxes associated with those funds, and (3) that no funds are transferred directly through the Company, Bella Aptus, LLC, and domain Latigo.co and any of its affiliates, for this purpose. THE COMPANY SHALL NOT BE LIABLE FOR ANY COLLECTION OF FUNDS, TAXES OR FEES ASSOCIATED WITH THE SALE OF ANY MERCHANDISE, SERVICE, PROMOTION, CONTEST, GIVE-AWAY, LOTTERY, SWEEPSTAKES, RAFFLE, DONATION, FUNDRAISER, CAMPAIGN OR ANYTHING ELSE THAT WOULD INCLUDE THE TRANSFER OF FUNDS BY ANY USER OF THE WEBSITE.

The Website allows you to create, save or delete your content. You are free to remove your content at any time. You understand and agree that the Company may retain, for a reasonable time, but not display or distribute, server copies of your content that have been removed or deleted by you. Once you delete your created content from the Website, it may be available to outside users you may have shared it with that may have copied, downloaded or saved it.

The Company does not guarantee the accuracy, validity, quality or completeness of any content designed or shared by you or any other users. The Company is not responsible for any content or information you may find on the Website designed by other users, or shared by other users from the Website to third party websites, or through the Website search and messaging services.

The Company does not endorse or support the opinions of any users.

By sharing your content, you agree that it does not violate the rights of any third party, including without limitation any patent, copyright, trademark, trade secret and/or intellectual property rights or privacy rights. You agree to pay any royalties, fees or other monies owed by sharing any content.

The Company has no control over, and assumes no responsibility for, the content, privacy, policies or practices of any third party website. By using the Website, you expressly relieve Company from any and all liability arising from your use of any third-party website. You are responsible for following the Terms and Conditions of any third-party website that you access through the Website or share your content with.

The Company does not endorse, recommend, or have any liability for any product or service that may be advertised on the Website or a third-party website, and will not be a party to any dispute you may have with a third-party or another user of the Website.

The Company has the right to manage, regulate, control, modify or eliminate its property, including anything and everything stored by or on behalf of Company on servers, at its sole discretion, and for any reason with or without notice and with no liability of any kind. Company does not provide a guarantee, and expressly disclaims any value, cash or otherwise, attributed to ANY data residing on its servers.

You give The Company, at its sole discretion, the right to preserve any content to comply with legal process, or remove any content that it deems inappropriate or in violation of the Terms and Conditions, and/or suspend or terminate your use of the Website and your account.

You acknowledge that use of the Website may result in interstate data transmissions.

You consent to the Company sending you notices by email, including any notices required by law, and waive notification by postal service delivery.

The Company takes all reasonable steps to protect your personal information on secure servers hosted by our internet service provider. Unfortunately, no data transmission over the internet can be guaranteed 100% secure and we do not guarantee or warrant the security of any information that you provide or transmit to, within or from our Website over the internet.

The Company shall not be liable for the unauthorized access to or use of our secure servers and/or any personal information stored on the servers, or any damage caused by viruses, Trojan horses, worms, spyware, malware or any other harmful content that may be transmitted to or through our servers by you or a third party.

If you have a free account, the following will apply to you: You may upgrade your storage plan at any time. If you choose to upgrade your storage plan, see the section below. If you would like to cancel your account, please contact us at: Support@latigo.co. The Company reserves the right, in its sole discretion, to delete inactive accounts after an extended period of time.

If you purchase additional data storage or any products or services made available for purchase by the Company on the Website, the following will apply to you: You agree to keep your contact information and payment information up to date. Pricing, payment methods and this policy may be changed or updated at any time in Company’s sole discretion. New rates, if any, will be applied to you after your current 6 or 12 month payment plan is completed, or at the time you upgrade your storage plan. There are no refunds. You may upgrade your storage plan at any time. If you would like to cancel your storage plan, please contact us at: Support@latigo.co. You can access your content as long as your payment is current. Payments on account are paid up front. If you fail to pay an outstanding balance, content access will be denied and content will become inactive after sixty (60) days. The Company may host this inactive content for a period of time allowing you to complete payment and restore access to your content. You may reactivate your data storage account and resume access to your content by logging in and making a payment. The Company reserves the right, in its sole discretion, to delete inactive accounts after an extended period of time. Any uploads of data that exceed your current storage plan will prompt you to change the upload or upgrade to a larger storage plan. You agree to pay all charges incurred by users of your payment card, including any applicable taxes relating to the purchases. Such taxes are based on the rates applicable to the address provided and will be calculated at the time of purchase. All payments must be made in United States Dollars. You can manage your payment cards and view your receipts in “my settings”. When you purchase additional data storage, or any products or services made available for purchase by the Company on the Website, we collect information about the purchase and transaction. Your payment is processed by a PCI compliant and secure merchant processor. The Company shall not be liable for any payment information that is stolen. You give the Company permission to store the information that is necessary to complete the transactions. The Company reserves the right to modify or waive any fees and/or offer special opportunities to some users.

PRIVACY POLICY: When you register and create an account on the Website, you may provide information that is personally identifiable and not otherwise publicly available, including your date of birth, address, email address, phone number or payment card information.

The Company does not rent or sell your personal information, however for us to be able to offer you the Website, the Company may display advertising on the Website from a third party provider.

Your name will be publicly searchable within the website and will be displayed in messages. In the edit profile setting, you have the option to make your personal information public or private. If you make your name private in the edit profile setting, it will not be shown publicly on your profile, however it is still publicly searchable within the website and displayed in messages. When you create content, you have the option to make that content private, public or select-share. You can edit your content and account information at any time.

We collect the content you upload, create, and share, including messages that you send and receive, within the Website and to third party websites. We store, process and transmit your files including, but not limited to, contacts, emails, photos, videos, links, maps, documents and any information related to them that you have uploaded or linked to our Website, as well as content that you have created on our Website for your use. We also collect information about you when other users interact with you. We collect account related information if you link our Website with a social networking service. We utilize cookies to facilitate your use of our Website. If you choose to delete or block cookies, you may not be able to use features of our website.

When you share your content and personal information with other users through the Website, email, or third party websites, you understand that others may further share, copy, download, save or use your content and personal information. Content and personal information that you choose to make public is searchable by you and other Website users through our Search function. Third party web sites may collect information on you as well. The Company is not liable for how you or others use or share your content or personal information. Our Privacy Policy does not apply to third party websites or services and you are subject to that third party’s own rules and policies.

The Website allows you to create, save or delete your content. You are free to remove your content at any time. You understand and agree that the Company may retain content that has been removed or deleted by you for a reasonable time on our servers or back up storage, or to comply with our legal obligations, resolve disputes or enforce our Terms and Conditions agreements.

If you purchase additional storage, or any products or services made available for purchase by the Company on the Website, we collect information about the purchase and transaction. Your payment is processed by a PCI compliant and secure merchant processor. The Company shall not be liable for any payment information that is stolen.

The Company automatically receives and records information from your devices and browser when you use our Website. This information allows you to access and use the Website. We have physical, electronic, and procedural safeguards that comply with federal regulations to protect your personal information. Website administrators shall have unrestricted access to user content and accounts to review and act upon inappropriate content reported by other users, and trouble shoot payment system.

We may share your personal information when we are required to by state or federal law, when legal process has been initiated and such personal information is requested or required, or in Our reasonable discretion to protect someone from imminent harm.

You may terminate your account and the associated email address by submitting a request to the Company at: Support@latigo.co. The Company may need to verify your identity prior to terminating your account and may require proper email exchanges and/or proof between Support and yourself before completing the termination of your account. The Company shall not be liable for deletion of your account or loss of content..

The Company may store or process information in the United States or any other country in which The Company or its affiliates or service providers maintain facilities. The Company reserves the right to transfer information, including your personal information, to a third party in the event of a sale, merger, liquidation, receivership or transfer of all or substantially all of the assets of the Company.

We reserve the right to send you emails and notifications within and outside of our Website that are related to our Website and your account without the option to opt out of receiving them.

This Privacy Policy is included in the Terms and Conditions agreement between you and the Company.

We reserve the right to update or modify this Privacy Policy periodically and will post the revised Privacy Policy on the Website.

DISCLAIMER OF WARRANTIES: COMPANY DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE WEBSITE IS MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE” AND COMPANY DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED.

COMPANY DOES NOT WARRANT THAT WEBSITE WILL MEET YOUR NEEDS, OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. COMPANY ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS. COMPANY DOES NOT GUARANTEE OR WARRANT THE SECURITY OF ANY INFORMATION THAT IS PROVIDED OR TRANSMITTED TO, WITHIN OR FROM THE WEBSITE OVER THE INTERNET.

LIMITATION OF LIABILITY: COMPANY WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES. THIS IS TRUE EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSSES.

COMPANY SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.

INDEMNIFICATION: AS A CONDITION OF YOUR USE OF THE WEBSITE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD COMPANY, ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, INVESTORS, AGENTS, CONTRACTORS AND SUCCESSORS (COLLECTIVELY THE “COMPANY PARTIES”), HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) ARISING FROM: 1) YOUR USE OF THE WEBSITE, 2) YOUR BREACH OF THESE TERMS AND CONDITIONS, 3) YOUR VIOLATION OF ANY APPLICABLE LOCAL, STATE, OR FEDERAL LAWS OR REGULATIONS, 4) YOUR USE OF ANY THIRD PARTY PROVIDER TO REMIT PAYMENT FOR SERVICES PROVIDED BY COMPANY PARTIES, OR 5) YOUR USE OF SOFTWARE ROBOTS, SPIDERS, CRAWLERS, OR SIMILAR DATA GATHERING AND EXTRACTION TOOLS, OR ANY OTHER ACTION YOU TAKE THAT IMPOSES AN UNREASONALBE BURDEN OR LOAD ON COMPANY’S INFRASTRUCTURE.

CHANGES TO WEBSITE: Unless otherwise agreed, Company may discontinue or modify the Website at any time without prior written notice to you, and you accept those modifications if you continue to use the Website. The Company reserves the right to transfer information, including your personal information, to a third party in the event of a sale, merger, liquidation, receivership or transfer of all or substantially all of the assets of the Company.

TERMINATION: Company may terminate your access to the Website for any reason, without prior notice. You may terminate your account and the associated email address by submitting a request to the Company at: Support@latigo.co. The Company has the right to delete accounts that are inactive for an extended period of time.

GOVERNING LAW: Unless otherwise agreed, these Terms and Conditions and their enforcement are governed by the laws of the State of Texas, without regard to conflicts of law, and shall inure to the benefit of Company’s successors and assigns, whether by merger, consolidation, or otherwise.

Website is controlled and offered from the United States of America. The Company makes no representations that the Website is available or appropriate for use in other locations. Those using the Website from outside of the United States of America do so at their own volition and are thus responsible for compliance with local laws and regulations.

The Company may store or process information in the United States or any other country in which The Company or its affiliates or service providers maintain facilities.

You agree that regardless of any statute or law to the contrary, any claim or cause arising out of or related to the Company or the use of the Website must be filed within one year after such claim or cause of action arose (two years for residents of Texas) or be forever barred. Within this time period, any failure by Company to enforce or exercise any provision of these Terms and Conditions shall not constitute a waiver of that right or provision.

ARBITRATION: For any dispute you may have regarding the Website or our Company, you agree to contact Company first and attempt to resolve the dispute with us informally. If we are unable to resolve the dispute with you informally, we each agree to attempt, in good faith, to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to binding arbitration. Should the mediation attempt fail, then the Parties agree to resolve the dispute by submitting to binding arbitration administered by the American Arbitration Association under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes in effect at the time of the dispute except as provided herein. The arbitration shall be conducted in Montgomery County, Texas. Each party is responsible for paying any American Arbitration Association filing, administrative and arbitrator fees with reasonable costs for expert and other witnesses, and any judgment on the award by the arbitrator may be entered in any court of competent jurisdiction. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, NOT AS A PARTY TO A CLASS ACTION SUIT, AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT BY ENTERING INTO THESE TERMS THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

SEVERABILITY: If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.


Last Updated June 24, 2015